SUPERSEDED - Decision Notice 2005/307 · 132005.307

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           2




10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                  Subject of the required Development Permit
 Development Permit for Building Works                All Building Works

 Development Permit for Operational Works             Landscaping, access, stormwater drainage and sediment and
                                                      erosion controls.

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                  Signature:                                  Date:       23/08/05




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           3




                                      Noosa Council Conditions
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are titled and numbered:-
       1.1.   Site Plan/Site Works - Drawing No. 0305.01 B, Basement Floor Plan - Drawing No. 0305.02 B,
              Main Floor Plan - Drawing No. 0305.03 B, Upper Floor Plan - Drawing No. 0305.04 B, Elevations -
              Drawing No. 0305.05 B, Sections - Drawing No. 0305.06 B, Perspectives - Drawing No. 0305.07 B,
              Site Cover - Drawing No. 0305.08 B prepared by Kidd & Co Designers and dated 25 February
              2005;
       1.2.   Pavement and Stormwater Plan and Details - Drawing No. S3064/05/R1 prepared by Tate
              Professional Engineers and dated May 2005; and as may be amended by these conditions.

2.     The development must be undertaken and operated in a manner that causes no detrimental effect upon
       the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
       emissions.

3.     The open space and setback areas are to be landscaped in accordance with Council’s Policy on
       Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
       Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
       occupied and maintained at all times thereafter.

4.     The landscaping plan is to consist of species endemic to the Marcus Dunes area. In this respect no turfed
       areas are permitted outside the building envelope. It is intended that all landscaping resemble the existing
       vegetation in the locality, being densely planted and completely covering the ground.

5.     Existing trees on the site and within road reserves are to be retained, except where required to be
       removed due to building operations or the conduct of the approved use. These landscape plans required
       to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
       retained.

6.     Construction practices undertaken are to minimise the potential for damage and destruction of vegetation
       outside the building envelope. In this regard protection measures are required to be installed to ensure
       existing vegetation is retained.

7.     The building envelope is to be clearly delineated with the aid of marker tape prior to any excavation work
       being undertaken on site.

8.     All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural).

9.     The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
       Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
       Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
       comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed
       a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
       requirement.

10.    A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
       with Council at completion of work confirming compliance with the maximum allowable building height as
       required by either the conditions of approval or the Planning Scheme.

11.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted, to
       secure performance of all conditions of this approval, prior to the issue of a Development Permit for
       operational works. The cash bond or trading bank guarantee will be returned on performance of the
       conditions of approval less any costs incurred by Council in respect of enforcing performance of this
       permit.



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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           4

12.    The requirements of this development approval are to be effected, prior to the use of the premises.
       Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
       compliance with conditions.

13.    The Development Permit for a material change of use of premises lapses if the use has not happened by
       19 August 2009, unless an application to extend the currency is approved by Council.

14.    The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
       obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
15.    A vehicular access driveway to serve the dwelling shall be constructed from the common property frontage
       of the site with a maximum width of 5m.

16.    The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
       vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
       without any level difference. Should any driveways be constructed to grades that do not comply with
       AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that
       do comply.
       Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
       footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
Pathway Contributions
17.    A pathway contribution of $252 towards external major pathways, in accordance with Planning Scheme
       Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a
       Development Permit for Operational Works. This amount will be subject to variations in the Consumer
       Price Index, All Groups Brisbane from June 2005 until the date of payment.
Stormwater Drainage
18.    All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater
       runoff from the site and generally in accordance with the Pavement and Stormwater Plan and Details –
       Drawing No. S3064/05/R1.

19.    Roof runoff from the new dwelling shall be directed to a rainwater storage system or tank (minimum
       storage 3000 litres) that is plumbed to service the toilets in the new dwelling and landscaping areas. The
       design of the rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.

20.    The overflow runoff and all other stormwater shall be collected on site and discharged through the
       proposed infiltration pit.

       To this end, a detailed maintenance plan shall be prepared for the proposed infiltration pit, which shall be
       submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.

       The approved maintenance plan shall be incorporated in the ongoing maintenance for the development.

       A Development Permit for Building Works shall not be granted until a Development Permit for Operational
       Works has been issued in regard to the drainage scheme.

21.    All site stormwater drainage shall be by means of a gravity system.

       Mechanical pump out systems shall not be used to dispose of surface stormwater runoff not being reused
       in toilets and landscaping.

       Overflow from the reuse system shall be by gravity system.
Sewer Mains
22.    The dwelling shall be connected to Council’s existing sewerage reticulation systems and be constructed in
       accordance with Council’s standards and requirements at no cost to Council.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5

Town Water Supply
23.    The dwelling shall be connected to Council’s existing town water supply and be constructed in accordance
       with Council’s standards and requirements at no cost to Council.
Earthworks
24.    Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
       structures that border the development site. Fences that are affected shall be replaced prior to plan
       endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
       Operational Works approval.
Site Stability
25.    A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
       soil classification, establish whether any measures are required to protect the stability of adjoining
       buildings and/or structures, and make recommendations on the type of foundation system(s) best suited
       for the proposed development. This information shall be submitted to the Council prior to obtaining a
       Development Permit for Operational Works.
Erosion and Sediment Control
26.    Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
       control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste,
       will be necessary.
       In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
       to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
27.    Any damage caused to any public utility during the course of construction shall be repaired to Council’s
       standards and at no cost to Council.

28.    Any alteration of any public utility or other facilities necessitated by the development of the land or
       associated construction works external to the site shall be at no cost to Council.

29.    The transportation of all materials to and from the site shall be undertaken in a manner such that no
       particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be
       covered to prevent materials including dust being windblown from the vehicle.

Building Services

30.    The Geotechnical report prepared by Golder Associates Pty Ltd is approved subject to the following
       conditions:-

       30.1. There is to be no uncontrolled discharge of water onto the slope;

       30.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it
             should be reinstated immediately after construction is completed;

       30.3. Additional load due to fill, construction equipment or stockpiled materials should not be located on
             the dune slope;

       30.4. The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers,
             the use of vibrating installation techniques for sheet piling and other construction vibrations caused
             by excavating, earthmoving or demolition machinery or other similar construction techniques;

       30.5. A RPEQ is to be engaged by the client to oversee the piling works;

       30.6. The applicant’s Geotechnical engineer will be required to be on site for the whole of the time during
             any major excavation. The construction of the whole of the foundations is to be supervised and
             directed by a consulting Geotechnical engineer. If there is a risk of sand movement occurring, all
             work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer, have
             been taken to ensure that no further slippage will result.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           6


                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Advice
1.     Approval of this development application will trigger an Infrastructure Charge in accordance with the
       Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $2,588. This amount
       will subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date
       of payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
       Planning Act 1997.

2.     Payment via credit card transaction will not be an acceptable method of payment for development
       contributions conditioned in this permit or for infrastructure charge notices issued separately.

3.     The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No.
       12, prevents a builder or building contractor carrying out building work on a building site in a way that
       makes or causes audible noise to be made from the building work:-

       3.1.   On a Sunday or public holiday, at any time; or

       3.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.

4.     A maximum penalty of $1,500 applies to an offence under this legislation.

5.     Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
       operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
       accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
       Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
       requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
       works must be submitted to Council with the lodgement of any application for operational works over the
       site.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                                        7


                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


   The following is an extract from the Integrated                           (6) If an application involves assessment against a
   Planning Act (Chapter 4).                                              concurrence agency code, appeal rights for
                                                                          submitters for the application are not available against
   Division 8 - Appeals to                   court     relating     to    the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal in part, of a development              a development approval for a development
       application;                                                       application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
       under section 3.1.6; 1                                                 assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of the
       (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
   started at any time after the last day a decision on the               court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the
                                                                          mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the
                                                                          against a deemed refusal of the request.
   decision.
                                                                             (5) An appeal under subsection (4) may be started
      (4) If an application involves both impact
                                                                          at any time after the last day the decision on the
   assessment and code assessment, appeal rights for
                                                                          matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
   1
        Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
       instrument)                                                            or cancel a condition of a development approval.

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                                8

(b) a notice under section 6.1.44 2 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
   (4) An appeal under subsection (3) may be started
at any time after the last day the decision on the
matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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